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Public Health Law Map - Beta 5 - Medical and Public Health Law Site

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E. Supervising NPPS<br />

Physicians who employ NPPs should be very careful in their supervision. Because the<br />

physician is liable for negligent medical care rendered by NPPs, a physician should<br />

never accept responsibility for an NPP without having the authority to supervise or<br />

decline to practice with the person. The physician is also liable for nonmedical actions<br />

by the NPP, such as sexual assault, if the physician is negligent in screening or<br />

supervising the NPP.<br />

The first step in selecting or accepting supervision of an NPP is to check the person’s<br />

credentials personally <strong>and</strong> carefully. The NPP’s license status must be checked in<br />

every state where the NPP has held a license, not just the state where he or she will<br />

work. The physician should find out the specifics of the NPP’s training <strong>and</strong> previous<br />

experience to gauge skill levels. Finally, the physician should talk to other physicians<br />

who have worked with the NPP, asking specifically about his or her willingness to<br />

accept physician authority, clinical skills, <strong>and</strong> readiness to ask for consultation from<br />

the physician. An NPP who worked well with a physician who checks every patient<br />

<strong>and</strong> chart entry may not be compatible with a physician who prefers to delegate by<br />

written protocols.<br />

The physician should observe a newly hired NPP in providing patient care <strong>and</strong> by<br />

repeating the physical assessment. It is not possible to know if the NPP recognizes a<br />

bulging eardrum until the physician has reevaluated both negative <strong>and</strong> positive<br />

findings by the NPP. This also gives the NPP the opportunity to learn the physician’s<br />

preferences <strong>and</strong> practice habits, making both more comfortable with the arrangement.<br />

Many conflicts over supervision arise because the physician never clearly<br />

communicates his or her expectations to the NPP.<br />

1. Scope of Practice<br />

Every NPP should have a written scope of practice that specifically states what the<br />

NPP may do on his or her own initiative, what requires protocol authorization, <strong>and</strong><br />

what must be referred to the physician. It should include specific instructions for<br />

h<strong>and</strong>ling emergencies <strong>and</strong> urgent situations when the physician is unavailable. It<br />

should specify types of patients that the NPP should or should not accept for care. If<br />

the NPP is a licensed nurse, the scope of practice should delineate which activities<br />

are nursing <strong>and</strong> which are delegated medical care. Like protocols, this scope of<br />

practice should be agreed upon <strong>and</strong> signed by both the physician <strong>and</strong> the NPP. The<br />

scope of practice should explicitly deal with both nursing diagnoses <strong>and</strong> what<br />

constitutes unauthorized practice of medicine.<br />

2. Documentation<br />

Careful documentation is particularly important when NPPs are practicing medicine<br />

under supervision, but it is not necessary or desirable to document every positive <strong>and</strong><br />

negative physical finding. Such charts will be hard to read <strong>and</strong> are unlikely to be<br />

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